San Jose Trademark Lawyers
Why use UpCounsel to hire a San Jose Trademark Attorney?
You always get experienced professionals and high caliber work.
Your work gets done quickly because professionals are always available.
More cost effective
We use technology to cut traditional overhead and save you thousands.
UpCounsel has been talked about in:
Money-Back Guarantee on All of Your Legal Work
Applies to all transactions with verified attorneys on UpCounselIn the event that you are unsatisfied with the work of an attorney you hired on UpCounsel, just let us know. We’ll take care of it and refund your money up to $5,000 so you can hire another attorney to help you.
Legal Services Offered by Our On-Demand San Jose Trademark Attorneys
Our experienced San Jose trademark attorneys & lawyers represent individuals and businesses with everything they need to secure and protect their trademarks. Our attorneys can help individuals with everything from trademark clearance searches to determine whether the desired mark is available for adoption, use, and registration. By reviewing the search reports thoroughly, they can conclusively determine the extent to which a mark is already being used and the potential success of filing a trademark.
Trademark licensing can be complex, but our trademark attorneys have experience drafting agreements on behalf of both licensees and trademark owners - thus allowing you to capitalize on your valuable intellectual property. Our San Jose trademark attorneys can also draft and file your trademark with the United States Patent and Trademark Office (USPTO), including Intent to Use and Use in Commerce applications.
Our attorneys can also help protect your trademark around the globe by assisting clients with filing trademark applications under the Madrid Protocol, which allows trademark holders to obtain protection in multiple countries by filing a single application.
Improve Your Legal ROI with Affordable Trademark Attorneys that service San Jose, CA.
What Our Customers Have to Say
"UpCounsel gives me access to big-firm lawyers minus the big-firm price tag. I work with several attorneys on the platform and there are never surprises...I always receive quality legal work at competitive rates that larger firms simply cannot match."
"Every startup needs to know about UpCounsel. We found great attorneys at great prices and were able to focus our resources on improving our business instead of paying legal bills."
"Before UpCounsel it was hard for us to find the right lawyer with the right expertise for our business. UpCounsel solves those problems by being more affordable and helping us find the right lawyer in no time."
- 8 min read
What is Trademark vs. Patent?
A trademark protects a symbol, name, word, logo, or design used to represent the manufacturer of goods. A patent gives property rights to an inventor for a new product, preventing others from making an identical product. Many companies use both to protect intellectual property, although the two are not interchangeable.
What sets a trademark apart from other legal protections is that it only covers a single mark. That protection might be part of a logo, a symbol, a phrase, a word, or a design. But a trademark does not extend any protection to the products manufactured by the company that owns it. Another business or person can legally produce the same goods or offer the same services unless
- 4 min read
What is Trademark Dilution?
Trademark dilution is a legal clause that allows the company to prevent others from using such a mark in a way that would lessen the unique standing of the trademark. The Federal Trademark Dilution Act of 1995 states the owner of a trademark can take legal action against anyone who purposefully blurs or tarnishes a trademark.
What is Trademark Tarnishment?
When there is a risk the product or service, being offered by the party using a similar trademark, is inferior, tarnishment is possible. This means the trademark holder could be at risk for damage to their reputation.
What is Trademark Blurring?
If the use of certain symbols, language or other mark which could cause consumers confusion as to who owns the product, the trademark is considered blurred.
- 6 min read
What Is a Copyright?
A copyright is a type of legal protection given to content creators and artists. When a person creates a story, a work of art, or a piece of software, the copyright provides legal ownership of the work. The creator receives exclusive rights to the use and distribution of the work for a set amount of time.
The United States government handles all forms of copyright protection. The nature of copyright has changed rapidly during the internet era. New kinds of content creation are now popular. Meanwhile, existing types of content have changed in form and in distribution model. Despite these novel changes, the general nature of copyright remains the same.
What Is Eligible for a Copyright?
The following works are eligible for a copyright:
- All literary works: These include short stories, poems, newspaper articles, blogs, plays, and reference materials.
- 6 min read
Patents: What Are They?
Understanding how to patent something is a part of knowing how to patent an idea. Patents are legal documents that describe, illustrate, and register your original invention, design, or discovery. There are four types of patents:
- Utility Patents: These cover things like machines, processes, and systems.
- Design Patents: These cover manufacturer designs and the way things look.
- Plant Patents: These cover plant discoveries, developments, or reproductions.
- Provisional Patents: These are preliminary patents that create a record of your idea while you work to develop it. They also allow you to claim "patent pending" status. You can convert this to a full utility, design, or plant patent within one year of filing.
Why Are Patent
- 6 min read
Copyrights: How to Obtain a Copyright
Registering a copyright with the U.S. Copyright Office allows you to file a lawsuit and take someone to court for violating your copyright. You must have registered that copyright first, otherwise, you cannot file a lawsuit. The following task list walks you through the copyright registration process using the U.S. Copyright Office electronic filing application.
A Guide to Copyrights and How to Obtain One
Registering a copyright with the U.S. Copyright Office helps to protect your intellectual property and allows you to file a lawsuit and take someone to court for violating your copyright. You must have registered that copyright first otherwise you cannot file a lawsuit. The following task list walks you through the copyright registration process using the U.S. Copyright Office electronic filing application.
For basic information on copyri